Collaboration and Leadership:challenges and opportunities in

the new environment 2015 ALWD Conference

Beth Cohen, Anne Goldstein, and Susan Sloane

Collaboration

• Wikipedia – “Collaboration is working with others to do a task and to achieve shared goals.”

• Webster – “To work jointly with others or together especially in an intellectual endeavor.”

Collaboration

• Goal of Collaboration: “synthesize participants’ contributions to achieve a better product then any of them could have developed on their own.”

• Characteristics of collaboration – Co-workers share decision-making (no “boss”)– Predominantly group decision-making – Each makes genuine contributions – Belief in the process – Shared goals

Collaboration - Not

• Not all group work is collaboration • In-Put Model:– One person decides after consulting with others – One person has ultimate authority

• Parallel Model:– Tasks are delegated – No shared decision-making – No exchange of ideas or feedback

Benefits of Collaboration

• Team-based learning• Collaboration to empower students• Better use of limited resources• Increase practical skills• Increase professional development• Increase community connections

Challenges of Collaboration in Law Schools

• Time-consuming• Power Imbalances • Egos • Sacrifices and compromises • Silos of legal education• Academic freedom

Employing Mediation Skills in the Collaborative Process

Principles of Mediation

• Create an effective Agenda• Focus on Common Goals • Recognize the problems with reaching the

common goals • Create a list of problem areas to resolve• Effective listening • Focus on joint resolution

Flip ChartGOALS

A.B.C.

X’s Needs/Interests Y’s Needs/Interests

A. A. B. B.

C. C.

Issues to Be ResolvedA.B.C.

Positions v. Interests

• Position: What we say we want as an outcome

• Interest: The reasons why the outcome we want is important to us. Our hopes, desires, needs, beliefs, values and expectations.

Employing Mediation Skills in the Collaborative Process

Flip ChartGOALS

A.B.C.

X’s Needs/Interests Y’s Needs/Interests

A. A. B. B.

C. C.

Issues to Be ResolvedA.B.C.

Tips for Active Listening1. Acknowledge and offer appreciation for each person’s Input;2. Ask clarifying questions, rather than making

assumptions;3. Summarize frequently and obtain agreement;4. Re-frame to keep the focus on interests and

positive steps, rather than positions and negativity.

Examples of Collaboration

• Students– Student assignments and student groups

• Faculty– Assignments, projects, and committee work

• Administration – Programs and professional development

BibliographyEileen Scallen, Sophie Sparrow, Cliff Zimmerman, Working Together in Law: Teamwork and Small Group Skills for Legal Professionals (Carolina Academic Press 2014)

Eizabeth A. Reilly, Deposing the “Tyranny of Extroverts”: Collaborative Learning in the Traditional Classroom Format, American Association of Law Schools (2000)

Kamela Bridges, Using a Collaborative Rewrite to Reinforce Learning (16th Biennial Legal Writing Institute Conference)

 

L. Michelle Bennett, Howard Gadlin, Collaboration and Team Science: From Theory to Practice, J. Investig. Med. (June 2012)

Susan Bryant, Collaboration in Law Practice: A Satisfying and Productive Process For A Diverse Profession, 17 Vt. L. Rev. 459 (1992-3)

 

David A. Hoffman, Ten Principles of Mediation Ethics

 

Tenielle Fordyce-Ruff, FAQ Collaborative and Cooperative Learning (Should we distribute this?) OR Include the link?

 

Eric Anthony Grollman, The Trouble With Collaboration,

https://chroniclevitae.com/news/991-the-trouble-with-collaboration

 

 

Nilofer Merchant, Eight Dangers of Collaboration,

https://hbr.org/2011/12/eight-dangers-of-collaboration